As per the Canadian Immigration law, there is an imposed condition on all the temporary residents residing in Canada, in which they are required to leave Canada once their authorized period of stay ends.
However, under section 181 of the Immigration and Refugee Protection Regulation (IRPR), temporary residents in Canada can make an application for an extension of their authorized stay period before it ends. Furthermore, candidates who apply for this extension can stay in Canada until they receive a decision on the same from the federal department of Immigration, Refugee and Citizenship Canada (IRCC). In addition, during this process, these applicants will still have the legal status of a temporary resident in Canada.
Getting maintained status, formerly known as “implied status,” allows a temporary resident to extend his/her stay in Canada. To seek benefits from maintained status, a candidate is required to follow all the laws and regulations provided by the Government of Canada.
Furthermore, an applicant must be aware of the below while making an extension application:
- The expiration period of his or her temporary status: A candidate is required to apply for an extension before his or her existing authorized period of stay ends. The department of IRCC encourages the candidates to apply for an extension with sufficient time left so that there won’t be any complications in the immigration status of the candidate.
- How will their application for an extension of stay affect their temporary residence conditions in Canada? As per the IRPR, if a candidate applies for an extension of their work or study permit before the expiration of their existing authorized stay period, then he or she can continue to reside in Canada while they await a decision on the application from the IRCC. On the other hand, if a candidate applies for a different type of permit, then he or she needs to stop working on the expiration date of the current permit. For example, if a candidate now holds a work permit but now, he wants to apply for a study permit, then he needs to stop working on the day his work permit expires.
- Rules regarding residing in Canada while IRCC is reviewing their extension application: Maintained status applies as long as a candidate is residing in the country. If a candidate is on maintained status but leaves the country, then he or she may be allowed to re-enter Canada as a temporary resident (if he or she holds a temporary resident visa or is exempted from the obligation of holding a temporary resident visa). However, he or she will not be allowed to resume studying or working in Canada until he or she receives a decision on the application. Also, while re-entering the Canadian borders, the candidate may need to show proof to the Canadian Border Service Agency (CBSA) officer that he or she has sufficient financial support to sustain while awaiting a decision on the extension application.
Thus, it is important to note here that a candidate is not authorized to continue studying or working in Canada if he or she leaves Canada on maintained status. Moreover, the process of immigration to Canada can get a little complicated then.
Generally, there are two outcomes once the IRCC reviews the extension application:
- If the extension application is approved by IRCC, the candidate will be given a new date for the expiration of his or her authorized period of stay in Canada.
- If the extension application is rejected by IRCC, the candidate will be considered in the maintained status until the day he or she receives the decision on the application. In addition, the candidate has lost his or her temporary resident status in Canada and cannot continue studying or working in Canada per the conditions of the expired permit. Moreover, the candidate is required to make an application with the IRCC within 60 days for the restoration of the status. However, during this process of restoration, the candidate is not authorized to work or study while awaiting a decision from the IRCC.
The important thing to note here is that usually, the proof of extension application of the status is considered enough to show that a candidate is legally in Canada on maintained status. This can further help a candidate when he or she is asked for proof by the school, employer, or while re-entering Canada.
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